They also promote scientific, technical, and cultural development, and safeguard the environmental, historical, and artistic heritage of the nation, with a particular mention of the protection of the environment, the biodiversity, and the ecosystems in the interest of future generations.
The Constitution[12] recognises habeas corpus and the presumption of innocence; violations of personal liberties, properties and privacy are forbidden without an order of the Judiciary stating a reason, and outside the limits imposed by the law.
The law is supposed to guarantee the unity of the family, through economic measures and other benefits, and the parents have the right and duty to raise and educate their children, even if born out of wedlock.
Health is recognised in Article 32 both as a fundamental right of the individual and as a collective interest, and free medical care is guaranteed to the indigent, and paid for by the taxpayers.
Unfree labour is outlawed, with workers having the right to a salary commensurate with the quantity and quality of their work and a minimum wage guaranteed in order to ensure them and their families a free and dignified existence.
[19] The Republic protects, promotes and regulates small and medium-sized businesses, cooperatives and handicrafts and recognises the right of workers to collaborate in the management of enterprises, within the limits of the law.
Article 48[12] of the Constitution recognises the right to vote of every citizen, male or female, at home or abroad, who has attained majority, that is eighteen years of age.
Voting is also considered a civic duty and the law must guarantee that every citizen is able to fulfill this right, establishing among other things, in 2000, overseas constituencies represented in the Parliament.
Political parties may be freely established and petitions to Parliament by private citizens are recognised in order to promote the democratic process and express the needs of the people.
The Government cannot have legislative functions, except for a limited times and for specific purposes established in cases of necessity and urgency, and cannot issue a decree having the force of a law without an enabling act[23] from the Parliament.
Parliament can authorise by law the ratification of such international treaties as have a political nature, require arbitration or a legal settlement, entail change of borders, spending or new legislation.
Special judges are prohibited, while only specialised sections for specific matters within the ordinary judicial bodies can be established, and must include the participation of qualified citizens who are not members of the Judiciary.
University professors of law and lawyers with fifteen years of practice and registered in the special professional rolls for the higher courts can be appointed for their outstanding merits as Cassation councillors, following recommendations by the council.
The defendant has also the right to produce all other evidence in favour of the defence, and to be assisted by an interpreter in the case that he or she does not speak or understand the language in which the court proceedings are conducted.
The Constitution gives the State exclusive legislative power in matters of Concurring legislation applies to the following subject matters: international and EU relations of the Regions; foreign trade; job protection and safety; education, subject to the autonomy of educational institutions and with the exception of vocational education and training; professions; scientific and technological research and innovation support for productive sectors; health protection; nutrition; sports; disaster relief; land-use planning; civil ports and airports; large transport and navigation networks; communications; national production, transport and distribution of energy; complementary and supplementary social security; co-ordination of public finance and taxation system; enhancement of cultural and environmental properties, including the promotion and organisation of cultural activities; savings banks, rural banks, regional credit institutions; regional land and agricultural credit institutions.
The State, Regions, Metropolitan Cities, Provinces and Municipalities also promote the autonomous initiatives of citizens, both as individuals and as members of associations, relating to activities of general interest, on the basis of the principle of subsidiarity.
Revenues raised from the above-mentioned sources shall enable municipalities, provinces, metropolitan cities and regions to fully finance the public functions attributed to them.
The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have their own properties, allocated to them pursuant to general principles laid down in State legislation.
The Government can intervene for bodies of the Regions, Metropolitan Cities, Provinces and Municipalities if the latter fail to comply with international rules and treaties or EU legislation, or in the case of grave danger for public safety and security, or when necessary to preserve legal or economic unity and in particular to guarantee the basic level of benefits relating to civil and social entitlements, regardless of the geographic borders of local authorities.
Article 131 establishes the following Regions: Piedmont, Valle d’Aosta, Lombardy, Trentino-Alto Adige, Veneto, Friuli-Venezia Giulia, Liguria, Emilia-Romagna, Tuscany, Umbria, Marche, Lazio, Abruzzi, Molise, Campania, Apulia, Basilicata, Calabria, Sicily and Sardinia.
The President of the Court is elected for three years and with the possibility of re-election from among its members, in accordance with the law and respecting in all cases the expiry term for constitutional judges.
Said laws are submitted to a popular referendum when, within three months of their publication, such request is made by one-fifth of the members of a House or five hundred thousand voters or five Regional Councils.
Notwithstanding Article 48, the Provision imposes temporary limitations to the right to vote and eligibility of former leaders of the Fascist regime, for a period of no more than five years from the implementation of the Constitution.
[25][26] Nevertheless, Provision XIII also imposes the confiscation by the State of the assets of the former kings of the House of Savoy, their spouses and their male descendants existing on national territory, while declaring null and void the acquisitions or transfers of said properties which took place after 2 June 1946.
Provision XVIII calls for the promulgation of the Constitution by the provisional Head of State within five days of its approval by the Constituent Assembly, and its coming into force on 1 January 1948.
In order to make it virtually impossible to replace with a dictatorial regime, it is difficult to modify the Constitution; to do so (under Article 138) requires two readings in each House of Parliament and, if the second of these are carried with a majority (i.e. more than half) but less than two-thirds, a referendum if asked for.
Three Parliamentary Commissions have been convened in 1983–1985, 1992–1994 and 1997–1998 respectively, with the task of preparing major revisions to the 1948 text (in particular Part II), but in each instance the necessary political consensus for change was lacking.
In 1967 articles 10 and 26 were integrated by a constitutional provision which established that their last paragraphs (which forbid the extradition of a foreigner for political offences) do not apply in case of crimes of genocide.
[29] A constitutional law and one amendment were also passed in the fourteenth legislature (2001–2006), namely, the repealing of disposition XIII insofar as it limited the civil rights of the male descendants of the House of Savoy;[30] and a new provision intended to encourage women's participation in politics.
[34] Articles 81, 97, 117 and 119[24] were amended on 20 April 2012, introducing the requirement of a balanced budget at both the national and the regional level, taking into account both positive and negative variations of the economic cycle.